The Patna High Court granted anticipatory bail to three petitioners in a murder and kidnapping case pending investigation, directing them to remove defects and furnish bond upon normalcy.
Release on anticipatory bail for a period of twelve weeks, conditioned upon presentation and furnishing of bond with sureties after normalcy.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35232 of 2020
Arising Out of PS. Case No.-134 Year-2020 Thana- MINAPUR District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
The petitioners are apprehending their arrest in connection with Meenapur P.S. case No.134/2020 registered under Sections 365, 302, 201, 120(B)/34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners along with 4-5 unknown abducted the son of the
Patna High Court CR. MISC. No.35232 of 2020(4) dt.13-09-2021 2/3
informant and killed him in orchard and burnt his dead body.
It has been submitted on behalf of the petitioners that
the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The names of the petitioners have transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in this case. The informant is not an eye witness to the alleged occurrence. There is a counter case also, which is Annexure 3 to the present application.
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Ms. Arti Kumari, learned J.M. 1st class, Muzaffarpur in connection with Meenapur P.S. case No.134/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall
Patna High Court CR. MISC. No.35232 of 2020(4) dt.13-09-2021 3/3
furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioners should be granted anticipatory bail pending restoration of normalcy.
LALITA DEVI W/O Kailash Prasad
SUNITA DEVI W/o Lal Babu Prasad
SANGITA DEVI W/O Uday Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
